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Item R7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21, 2004 Division: County Administrator Bulk Item: Yes No Department: County Administrator AGENDA ITEM WORDING: Approval of Extension to Agreement for the purchase of the Quay property, ITEM BACKGROUND: The Board of County Connnissioners previously approved an Agreement with the owners of the Quay property in Key Largo for its purchase with conditions, Those conditions are presently being satisfied and there needs to be a further extension of the Agreement to resolve all the issues, PREVIOUS RELEVANT BOCC ACTION: As above, CONTRACT/AGREEMENT CHANGES: Extension of time. STAFF RECOMMENDATIONS: Approval. TOTAL COST: -0- BUDGETED: Yes No COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _ ~ DIVISION DIRECTOR APPROVAL: James L. Roberts DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # R fJ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Estate of Gus Boulis Contract #_ Effective Date: 04/21/04 Expiration Date: 11/08/04 Contract Purpose/Description: Amendment to Agreement for the purchase of lands - the Ouav. Contract Manager: Debbie Frederick 4741 Co, Administrator/Stop #1 (N ame) (Ext.) (Department/Stop #) for BOCC meeting on 04/21/04 Agenda Deadline: CONTRACT COSTS Budgeted? Y es~ Grant: $ County Match: $ NoD 1,823,685.5 Current Year Portion: $ 1,823,685,5 o 0 Account Codes: ~~_~!D C~t&:S -S/cC(f; 10 Total Dollar Value of Contract: $ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD 7J:c-. Risk Management "I1t~/() ." t/I,zkl YesD No[2( 6~ . . o ,M,B.lPurchasing ~ YesDNolff 4-<.ta CZ8.ildy< 'll,). -0'1 County Attorney - YesDNoD Comments: OMB Form Revised 2/27/01 MCP #2 A ~ ' . L'..U4 4: ~;r:N1 '; C ' !. L i : .... L/ ,j AMENDMENT TO AGREEMENT FOR THE PURCHASE OF LANDS THIS AMENDMENT to the Agreement for the Purchase of Lands ("Amendment"), is made and entered into this day of April 2004 ("Effective Date"), by and between the Estate of Konstantinos "Gus" Boulis (hereinafter referred to as "Seller"), and Monroe County (hereinafter referred to as "County"), acting by and through the Chairman/Mayor of the Monroe County Board of the County Commissioners. WITNESSETH: WHEREAS, County and Seller entered into an Agreement for the Purchase of Lands ("Agreement"), dated November 20, 2002; and WHEREAS, County and Seller have previously agreed to extensions of time for County and/or Seller to terminate the Agreement so as to afford Seller additional time to complete its Due Diligence; and WHEREAS, the current extension of the Agreement shall expire end of business on Wednesday, May 12, 2004; and WHEREAS, even after diligently undertaking and pursuing its research and investigation, Seller has determined that an additional one-hundred eighty (180) days is required; and WHEREAS, County and Seller agree that the time for County and/or Seller to terminate the Agreement shall be extended for an additional term of one-hundred eighty (180) days on the terms and conditions as hereinafter set forth. NOW THEREFOR, in consideration of mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County and Seller agree, as follows: 1. The foregoing Recitals are true and correct and are hereby incorporated into this Amendment. 2. Section 15 of the Agreement is modified to provide that the time for County to undertake Due Diligence and terminate the Agreement shall be extended for an equal number of days as provided to Seller in the following paragraph. !i"\ ( "I' . 2C':4 4:15DNJ ~:.!.L! "",' :.i .I ;- 3. Paragraph 16 of the Agreement is modified to provide that Seller's right to terminate the Agreement shall be extended for an additional one-hundred eighty (180) days or until Monday, November 8, 2004. 4. Paragraph 17 of the Agreement is confirmed so that if neither County nor Seller have exercised their rights to terminate the Agreement, as extended by this Amendment, the Closing will occur within fifteen (15) business days after the expiration of County's and Seller's rights to terminate this Agreement, as extended by this Amendment. 5. Except as modified herein, all other terms and conditions of the Agreement continue in full force and effect and are ratified in all respects. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered as of the day and year first above written. ESTATE OF KONSTANTlNOS "GUS" BOULlS By: Chris A. Economos, as one, and on behalf of the Personal Representatives Monroe County Board of Coun tyCommissioners, acting by and through its Chainnan/Mayor, has executed this Amendment on behalf of Monroe County this _ day of April 2004. MONROE COUNTY CIWRMAN/MAYOR Monroe County Board of County Commissioners Attest: Approved as to legal sufficiency: Danny L. Kolhage, Clerk By: County Attorney By: Name: Deputy Clerk 2